Fisher v. Driver & Motor Vehicle Services Division

The Oregon Department of Transportation, Driver and Motor Vehicles Services Branch (DMV), appeals the circuit court’s judgment setting aside its order suspending petitioner’s driving privileges after she refused to take a chemical breath test following her arrest for driving under the influence of intoxicants (DUII). ORS 813.120(1); ORS 813.410(1). The circuit court determined that DMVs findings were not supported by substantial evidence in the record. We review DMVs order directly, Coulter v. DMV, 168 Or App 442, 444, 4 P3d 89 (2000), and conclude that DMVs relevant findings were supported…